Malaya, Apr. 1, 2019, Lanao Del Norte Rep. Dimaporo Walks On Graft, Malversation Raps.pdf

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Business Insight Monday, APril 1, 2019

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Monday, April 1, 2019

Lanao del Norte Rep. Dimaporo walks on graft, malversation raps BY PETER TAEIIIGO

THE

posed ghost delivery of fertilizers valued at P5 million in 2004.

Sandiganbayan has cleated

Lanao del Norte Rep. Abdullah Dimaporo of one couht each of graft and malversation of public

funds through falsificatiin of

pubJic documents due to lack

of

evidence.

In a 25-page decision dited

March 28, 2019, the anti-graft

courr's Second Division sranted the defendant's demutrerio evidence io which he challeneed rhe sufficiency of the ptosec"ution's

Prosecutors said the money was released to a

non-gooarrr-ani

otganizttron identified as the Lanao Foundation Inc. (I-FL) in coospiracy with former provincial

agricultudst Isabelo Luna and private defendants LFI presidenr Felizardo Dragon, program officer

Evangeline Ontiveros, internal auditor Rosalinda Bisenio, and executivC director Elmer Sayre. LFI was supposed to have used

tie

sum ro putchase 10,000 bags of Saka Organic Fertilizer for dis-

evidence to support ia allegarions that he defrauded the so\,ne;ment of P5 million iorcnded is ,."i.t r'.. to famers in his legislatir,ne distdcr Based on the cases filedli,2012.

tribution to farmen in the second congressional disttict of Lanao

the Office

distribution,

of

the Ombudsman

accused Dimaporo of conspiring wrth hve co-defendauts in the sup-

del_Norte. However, investigators sard there rras no acrual delivetv ot

'In

bis demurrer to evidence,

the lauzmaker highlighted the

"

PAqe

of sate auditor Edwin Canios that a random irrterview testimony

the court pointed out.

of 22 fatnet-beteficiaries from

Oo the allegation of undue injury to the gov€inment, the

Dimapcro's district revealed that all received the ferilizer from LFI. The same wimess told the court that Dimaporo was not even mqrtiooB{in the Commission on Audit's special report coverinq t}re P728 million Fertilizer Funds ftom dre Depanrnent of Agricutture. In acquitting Dimaporo, the Sandigaobayan noted that the prosecution did not present the

inspection and financial status reports tharwete al.legedly falsified by Dimaporo.

"The falsity of dre acceptance repoits and the distdbution Iist

of

farmer beneficiades was also

not esablished. No vritness was piesented to prove that accused Dimaporo falsifi ed documents,,,

*Bstl

Sandiganbayan noted the statement of the DA that the LFI had

demorximted its capability to urrdertake the prognm despite low total equiry,

"The failute of *re prosecution to prove all the elements of the crime

of

malversatioo

of

public

funds through falsification of pubiic documents cast reasotrable

doubt on the guilt.of accused Dimaporo. Consistejnt widi the constitutional presumption

of in-

nocence, tle Court rirust acquit the accused," the court added. Associate Justice Mchael Fred-

erick Musngi penned the ruling concured in by Associate Justices Oscat C. Herrera Jr and l-orifel L. Pahimna.